Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. Court documents say the threat against assistant U.S. Atty. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. Tijuana Scions of Privilege Alleged to Be Drug Hit Men The March 3, 1997 date is taken from the first line of the document. Mexico does acknowledge that there is an investigation ongoing concerning the actions of General Rebollo and his associates, and that the investigations include the "possible" unlawful detention of suspects. In re Petition of France for Extradition of Sauvage,819 F. Supp. There is no evidence, however, in this regard. Mr. Soto also provides a physical description of Respondent. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Caso Blancornelas - activoforo.com At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. at 1450-1451. 44). 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico In the Matter of Extradition of Contreras,800 F. Supp. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. From Pampered Sons To Hit Men? - The Seattle Times Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. [23] Cruz made several statements relative to this matter. The two cars stopped in the village of San Mateo Atenco. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . The . 96-1798-M. United States District Court, S.D. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . The document is not authenticated. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Emilio Valdez - Lake Ridge Chapel & Memorial Designers Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. En 1995, su reinado lleg a su fin. 33. 23. En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. 830 (1911). Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. BATTAGLIA, District Judge. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix Challenges to the testimony of Cruz, Soto, Vasquez, Miranda and Alejandro based upon the argument that they are conclusory, unreliable hearsay, and unreliable as presented by alleged codefendants or co-conspirators are rejected. Citations Copy Citation. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. Defense counsel was provided for Mr. Cruz. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. The environment where the deposition was taken is not suggestive of any coercive circumstances. You already receive all suggested Justia Opinion Summary Newsletters. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. No precise authority is offered in regard to this premise. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 1997). The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . Background. 3190. California. [15] The Treaty, in Article 11, and 18 U.S.C. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. Date published: Mar 20, 2013. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. [48] Evidence submitted in this regard includes the "recantations" regarding the use of torture to extract statements from the witnesses as well as the alleged abduction of Alejandro. California. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. The Court denied the motion.[3]. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. No. Through observation and discussion, he became privy to the knowledge set forth. de Sicor 1 Acdo. But the deal fell apart when the other inmate couldn't pay the promised . The court, for reasons explained below, grants the petition, finding the detainee extraditable. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. The videotapes clearly demonstrate Alejandro's demeanor. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. [30] Respondent's Exhibits H, I and J, respectively, docket No. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. 834 F.2d 1444, 1453. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. R.Crim.P. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. [31] See discussion at page 1213, line ___, et seq. Mr. Valdez became a top operative in the organization, arranging drug . See footnote 10. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. The credible evidence, satisfies Mexico's burden in this respect[44]. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case.